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In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is
pleased to order the publication of the following English translation of notification no. 544/43-2-
2015, dated 3 December 2015.
NOTIFICATION
No. 544/43-2-2015-Su.Aa.Ni. 2015(1)2015
Lucknow: Dated 03 December, 2015
In exercise of the powers conferred by section 27 of the Right to Information Act, 2005 (Act no.
22 of 2005) read with section 21 of the General Clauses Act, 1897 (Act no. 10 of 1897) and in
supersession of notification no. 1724/43-2-2006-15/2(2)/03(T.C.)-19, dated November 27, 2006
regarding the Uttar Pradesh State Information Commission (Appeal Procedure) Rules, 2006 and
notification no. 528/43-2-2006, dated April 13, 2006 regarding the Uttar Pradesh Right to
Information (Regulation of Fee and Cost) Rules, 2006, except in respect of things done or omitted
to be done before such supersession, the Governor is pleased to make the following rules:
Short title and 1. (1) These rules may be called the Uttar Pradesh Right to Information
commencement Rules, 2015.
(2) They shall come into force with effect from the date of their
publication in the
Gazette.
(3) Complaints and appeals which have already been filed on or before the
date of
commencement of these rules and have been found in order and are
already
Definitions registered before the said date will be proceeded with as before and
shall not
abate or be rejected for infirmity therein.
(a) "Act" means the Right to Information Act, 2005 (Act no. 22 of
2005);
Public Authorities, (m) State Public Information Officer means an officer designated as
State Public such under sub-section (1) of section 5 of the Act and includes a
Information Officers
and First Appellate
State Assistant Public Information Officer so designated under
Authorities sub-section (2) of section 5 of the Act;
(2) Words and expressions used herein but not defined shall have the
meaning assigned to them in the Act.
3. (1) Each department of the Government shall prepare and notify a list
of all Public
Authorities under it.
14
(2) Each such Public Authority shall also appoint as many officers as
necessary, as State Public Information Officers in the
administrative units and offices under it, such appointment to be
made by designation and not by the name of the officer to be
appointed.
Rules governing
request for obtaining
information (3) Each Public Authority shall also appoint officers senior to the State
Public Information Officers, as First Appellate Authority to hear
and decide upon appeals filed under sub-section (1) of section 19
of the Act, such appointment to be made by designation and not
by the name of the appointed officer.
4. (1) A person, who desires to obtain information under the Act from
any public
authority, shall make a request in writing or through electronic means
to the
State Public Information Officer of the public authority concerned.
The
Request shall be made in the format given in Form 2.
(2) Any request for obtaining information under the Act should fulfil
the
following conditions:
(c) The request for obtaining information shall not exceed five
hundred words.
(3) The State Public Information Officer shall duly acknowledge the
receipt of the request and shall enter the particulars thereof in
the Application Register maintained for the purpose in the
format given in Form 3.
(5) If the State Public Information Officer finds that a request made
for disclosure of information relates partly or wholly to a single
other public authority, then such State Public Information
Officer shall, within five days from the date of receipt of the
request, transfer the request or such part of it as may be
appropriate, to the other public authority in the format given in
Form 4, and shall furnish within the time prescribed that part
of the information to the applicant, as is available with the
public authority to which he belongs.
(7) If the State Public Information Officer is of the view that a part
of the information sought cannot be provided as it is exempted
from disclosure, then the State Public Information Officer may
provide the applicant access to only such part of the
information which is not exempted from disclosure, and
simultaneously give a notice to the applicant in terms of sub-
section (2) of section 10 of the Act in Form 8.
(i) rupees two for each page (in A-4 or A-3 size paper)
created or copied;
(4) In the case of maps and plans etc. the fee shall be fixed by the
concerned State Public Information Officer in each case
depending upon the cost of labour and material required to be
employed.
(6) After a complaint has been registered, the Registrar shall forward
it to the Chief Information Commissioner or the Information
Commissioner having jurisdiction over the matter.
(7) The Commission shall allot a case number to the complaint and
fix the date for the first hearing of the complaint.
(8) The Commission shall issue notices to the complainant and the
State Public Information Officer concerned at least 15 days
before the date fixed for the hearing. A copy of the complaint
shall also be sent to the State Public Information Officer directing
him to submit his written statement in two copies by the date
fixed.
7. (1) Any person who does not receive a decision from a State Public
Information
Officer within the prescribed time, or is aggrieved by a decision of a
State
Public Information Officer, as the case may be, may within the
19
prescribed
time, prefer an appeal to such officer who is designated as the First
Appellate
Authority. The appeal shall be submitted in the format given in Form
13. An
appellant may file an appeal drafted on plain paper containing all
details as
required in Form 13. The First Appellate Authority shall dispose off the
appeal
in accordance with sub-sections (1) and (2) of section 19of the Act and
Rules.
(ii) a copy of the reply received, if any, from the State Public
Information Officer;
appeal to the appellant, pointing out the defect(s) therein for the
removal of the defect(s), and enter the details thereof in a
register maintained for the purpose in Form 11. If the Registrar is
of the view that the appeal is in accordance with the provisions of
these rules, he shall direct that the appeal be numbered and
entered in a register maintained for the purpose in Form 15.
(4) After an appeal has been registered, the Registrar shall forward it
to the Chief Information Commissioner or the Information
Presence of parties Commissioner having jurisdiction over the matter.
during hearing on
complaint or appeal
(5) The Commission shall allot a case number to the appeal and fix
the date for the first hearing of the appeal.
(6) The Commission shall issue notices to the appellant, the State
Public Information Officer and the First Appellate Authority
concerned at least 15 days before the date fixed for the hearing.
A copy of the appeal shall also be sent to the State Public
Information Officer and the First Appellate Authority directing
them to submit their written statements in two copies by the
date fixed.
Adjournment of
(7) On the date of hearing of the appeal, a copy each of the written
hearing
statements of the State Public Information Officer and the First
Appellate Authority shall be furnished to the appellant for his
submission, if any. After considering the contents of the appeal,
Transfer of a the written statements of the State Public Information Officer
proceeding from one and the First Appellate Authority, and the submission made by
bench to another
the parties at the hearing, the Commission, if it is satisfied that
there are reasonable grounds for consideration of the appeal,
may fix a date for further hearing in respect thereof, such hearing
shall be conducted in accordance with the provisions of section
19 of the Act and these rules. If the Commission is of the view
that no reasonable grounds exist to further consider the appeal,
it shall dismiss the appeal.
(2) The State Public Information Officer against whom the complaint or
Procedure for appeal has been filed may be present voluntarily during the hearings.
realization of However, the Commission may at its discretion direct the State Public
penalties imposed by
Information Officer to be present in person or appear through an
the Commission
authorized representative, provided he is an officer of sufficient
seniority.
10. Any party to a hearing may make an application for adjournment of the
hearing. The Commission, if it is of the view that the reason for seeking
adjournment is just and sufficient, may grant adjournment.
(2) The applicant may submit recall application within thirty days from
the date of knowledge of the order of the Commission.
(3) If the Commission is of the view that prima facie there is no merit
in the application, it may reject the recall application.
(4) If the Commission is of the view that the matter requires hearing
then before passing any order on such recall application, the
Commission shall issue notice to all parties to the proceeding to
Registrar of the give them an opportunity of being heard.
Commission
13. (1) During the hearing on any complaint or appeal, the Commission
may, on a
request made by the complainant or appellant, as the case may be,
allow the
complaint or appeal to be withdrawn.
(2) The Commission may, if it finds it just and proper, allow a prayer
for any amendment of a complaint, appeal or written statement
during the course of hearing, on any such prayer made in writing
by the related party.
(3) The penalty order shall be conveyed by the Registrar vide a letter
in Form-18, to the controlling authority concerned for recovery of
the penalty amount from the salary of the State Public Information
Officer and for the deposit of this amount in the following head of
account, by the date fixed:
16. (1) The Government shall appoint an officer not below the rank of
Special
Secretary to Government as the Secretary of the Commission.
17. (1) The Government shall appoint an officer not below the rank of
Additional
District Judge as the Law Officer of the Commission. The Law Officer
shall be
the ex-officio Registrar of the Commission.
18. The official seal and emblem of the Commission shall be such as the
Commission may specify.
19. (1) An appeal or a complaint may be filed in Hindi or in English and all
related documents shall also be filed in Hindi or in English. Where a
document, in original, is in a language other than Hindi or English, a
certified authenticated translation in Hindi or English shall also be filed
along with the original document. This shall also apply in the case of
25
APPENDIX
Form 1
List of Public Authorities, State Public Information Officers & First Appellate
Authorities
Name of Department...........................................................................................................................
Name of Public State Public Information Officers First Appellate Authority appointed for each
Authorities appointed for each Public Authority Public Authority
under the
Department
Designation Address /Ph. No. Designation Address /Ph. No.
1 2 3 4 5
27
Form-2
3. Address....
...
7. Does the information sought concern the life and liberty of a person: Yes/No
9. Does the applicant belong to BPL category: Yes/No (If yes, attach BPL certificate)
10. List of enclosures
.. .
.
Place.
Full Signature of the applicant
Date.......................................
Acknowledgement
Received the application from..
Address
on...(date)seeking information u/s 6(1) of RTI Act, 2005, registered at serial no...
Form-3
In case application
If additional fee required
relates to another
Date on
Name public authority
which
and
Date of requested
S.No address Remark
Application Designation Date of Date of Information
of and intimation receipt of or rejection
Amount of
applicant Address of of additional order sent
Date of additional additional
SPIO to fee
transfer fee fee to
whom
transferred applicant
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
29
Form-4
To:
..
..
..............................................................
..............................................................
(Designation and address of SPIO to
whom application is being transferred)
Sir,
The aforesaid application is being transferred to you because the subject matter of serial no.......................of the
information sought falls within the jurisdiction of your department/office.
It is certified that the applicant has paid Rs............... (Rupees........................only) on account of fees for obtaining
information under the Act, which has been deposited in the Government treasury / account.
Yours faithfully
( )
Copy to:
.
.
.
(Name and address of applicant)
As the information at Serial No............. sought in your aforesaid application does not fall within the jurisdiction
of this Department/Office, it has been transferred to the State Public Information Officer of the public authority
having jurisdiction. You are requested to contact the State Public Information Officer mentioned above.
( )
Form-5
From:
.
.
...........................................................................
...........................................................................
(Designation, address and phone no. of SPIO
providing the information under RTI Act, 2005)
To:
..........................................................................
..........................................................................
(Name and address of applicant seeking
the information under RTI Act, 2005)
Sir /Madam,
Please refer to your application dated ................, registered at serial no........, addressed to
the undersigned regarding supply of information under section 6(1) of the RTI Act, 2005.
If you are not satisfied with the answer you may file an appeal under Section 19(1) of the Act within thirty days
of the receipt of this letter to the First Appellate Authority whose address is given below:
Yours faithfully,
31
Form-6
From:
.......................................................................
.......................................................................
(Designation, address and phone no. ofSPIO
providing the information under RTI Act, 2005)
To:
..
..
......................................................................
......................................................................
(Name and address of applicant seeking
the information under RTI Act, 2005)
Sir,
Please refer to your application dated ................, registered at serial no, addressed to the
undersigned regarding supply of information under section 6(1) of the RTI Act, 2005.
In accordance with the provisions of the U.P. Right to Information (Regulation of Fee and Cost) Rules, 2006, you
are requested to deposit additional fee of Rs... (Rupees), representing
the cost of providing the information as per calculations given below:
.
.
.
....
The above fee may be deposited in the form of postal order/demand draft/bankers cheque payable
to
If you have any objection against this demand you may file an appeal under Section 19(1) of the Act within thirty
days of the receipt of this letter to the First Appellate Authority whose address is given below:
Yours faithfully,
..
..
32
Form-7
Intimation of rejection of request for information sought under RTI Act, 2005
Letter No:-.. Dated:-..
From:
... ..
..............................................................
..............................................................
(Designation, address and phone no. of SPIO
providing the information under RTI Act, 2005)
To:
..
..
..............................................................
..............................................................
(Name and address of applicant seeking
the information under RTI Act, 2005)
Sir /Madam,
Please refer to your application dated ......................, registered at serial no, addressed to the
undersigned regarding supply of information under section 6(1) of the RTI Act, 2005.
The undersigned regrets to inform you that the information sought by you cannot be provided for the reason(s)
given below:
If you are aggrieved by the above, you may file an appeal under Section 19(1) of the Act within thirty days of the
receipt of this letter to the First Appellate Authority whose address is given below:
Yours faithfully,
..
.
33
Form-8
From:
..
..
..............................................................
(Designation, address and phone no. of SPIO
providing the information under RTI Act, 2005)
To:
..
..
..............................................................
(Name and address of applicant seeking
the information under RTI Act, 2005)
Sir /Madam,
Please refer to your application dated ................, registered at serial no, addressed to the
undersigned regarding supply of information under section 6(1) of the RTI Act, 2005.
In this regard I have to inform you that the following part of the information sought by you is exempt from
disclosure:
.
Accordingly, we have separately provided to you only the remaining part of the information which is not exempt
from disclosure.
Please note that the reasons for the above decision are as follows:
..
..
If you have any objection against this decision you may file an appeal under Section 19(1) of the Act within thirty
days of the receipt of this letter to the First Appellate Authority whose address is given below:
Yours faithfully,
..
..
34
Form-9
Notice to third party under section 11(1) of the RTI Act, 2005
Letter No:-.. Dated:-..
From:
..
..
..............................................................
(Designation, address and phone no. of SPIO
providing the information under RTI Act, 2005)
To:
..
..
..............................................................
(Name and address of third party)
Sir/Madam,
And whereas the undersigned intends to disclose the above information/record or part thereof to the applicant.
Now, therefore, you are hereby called upon to make your submissions in writing or orally, as per section 11 of
the Act, as to whether the information/record asked for by the applicant should be disclosed or not.
The submissions or representation against the proposed disclosure should be made by you within ten days from
the receipt of this notice, failing which the undersigned will take a decision in the matter in accordance with the
provisions of the Act, without giving any further notice.
If you have any objection against this decision you may file an appeal under Section 19(1) of the Act within thirty
days to the First Appellate Authority whose address is given below:
Yours faithfully,
..
..
35
Address
Name
2. Particulars of the First Appellate Authority, (If available)
if an appeal against the SPIO was preferred u/s Designation
19(1) of the Act.
Address
9. List of copies of documents relied upon 1. Copy of request for information filed before the SPIO
and submitted by the complainant. under section 6(1) of the Act.
2. Copy of order, if any, passed by the SPIO.
3. Copy of appeal, if any, filed before the First Appellate
Authority under section 19(1)
4. Copy of order, if any, passed by First Appellate
Authority on the appeal.
5. Any other document(s) relied upon by the
complainant.
Verification
I, ____________________________________________ (Name of the complainant), son of / daughter of / wife
of ___________________________________________ resident of _____________________________________
____________________________________________________________________________________(address)
hereby declare that I have not filed any other complaint in regard to the aforesaid application u/s 6(1) of the Act
against the aforesaid SPIO and the particulars furnished in the complaint are to the best of my knowledge and
belief, true and correct and that I have not suppressed any material fact.
Form 11
S.No Date of Name and address of Brief descriptions Date of return of Remarks
receipt of the of defect in Defective
defective complainant/appellant complaint/appeal complaint/appeal along
complaint / pointed out with speed-post
appeal consignment number
1 2 3 4 5 6
38
Form-12
Year
1 2 3 4 5 6
39
Form-13
First Appeal under section 19(1) of the Right to Information Act, 2005
Dated:...
To: ..........................
..........................
(Designation and address of theofficer
acting as First Appellate Authority)
Address
3. Grounds of appeal
(In case appeal is filed against an order of the
SPIO, then a copy of such order must be filed.) ..
..
Second Appeal under section 19(3) of the Right to Information Act, 2005
Dated:...
To: U.P. State Information Commission
...
Lucknow
Address
Name
2. Particulars of the SPIO concerned. (if available)
Designation
Address
5. Grounds of appeal
..
..
7. List of copies of documents relied upon 1. Copy of request for information filed before the SPIO
and submitted by the appellant. under section 6(1) of the Act.
2. Copy of order, if any, passed by the SPIO.
3. Copy of appeal filed before the First Appellate
Authority under section 19(1)
4. Copy of order passed, if any, by First Appellate
Authority on the appeal
5. Any other document(s) relied upon by the appellant.
Verification
I, ____________________________________________ (Name of the appellant), son of / daughter of / wife of
___________________________________________ resident of _______________________________________
____________________________________________________________________________________(address)
hereby declare that I have not filed any appeal against the impugned order earlier and the particulars furnished
in the appeal are to the best of my knowledge and belief, true and correct and that I have not suppressed any
material fact.
Form-15
Year
Registration Date of Name and Name (if Name (if Dates of Name of Remarks
No. Registration address of the available) and available) and orders Commissioner
appellant designation designation of passed by to whom
of SPIO First Appellate SPIO and appeal
before whom Authority First forwarded for
the before whom Appellate disposal and
application the appeal was Authority date on which
was preferred preferred u/s forwarded
u/s 6(1) of 19(1) of the Act
the Act
1 2 3 4 5 6 7 8
Form-16
43
From: Registrar
U.P. State Information Commission
Lucknow
To: ....................................................................................
.................................................................................
.......
And whereas the aforesaid complaint / second appeal is being heard by Sri/Smt.
And whereas hearing on the aforesaid complaint/second appeal shall be conducted on the.....................
of .., 20.......................
You are summoned to appear before the aforesaid Information Commissioner either in person
or through an authorised representative, on the aforesaid date of hearing at 10:00 am to
participate in the hearing on the above complaint/appeal.
A copy of the aforesaid complaint/appeal is annexed and you are directed to submit your
written statement thereon (in two copies) to the aforesaid Information Commissioner by the
aforesaid date of hearing.
You are directed to produce the following documents/things before the aforesaid Information
Commissioner on the aforesaid date of hearing:
(Note: Delete from the above that portion which is not applicable)
Take notice that in default of your appearance on the above mentioned date, the complaint/appeal will be heard
and determined in your absence.
Form-17
S.No Registration Name of Date Amount of Name and Name (if available), Date on Remarks
number of the bench of penalty address of designation and which
complaint/ which order imposed complainant / address of SPIO compliance of
penalty
appeal passed with appellant against whom
order
the details of penalty imposed reported
penalty Installments,
order if any.
1 2 3 4 5 6 7 8 9
45
Form-18
U.P. State Information Commission
Complaint / Appeal Registration No.................
From: Registrar
U.P.State Information Commission
.
.
Lucknow
To: ..............................................................................................
...........................................................................................
(Name, designation and address of officer who will recover the penalty imposed)
And whereas the aforesaid complaint/appeal has been decided by the bench of
Sri..
. who in exercise of powers vested under section 20 of the
Right to Information Act, 2005 has ordered imposition of penalty on the State Public Information Officer concerned as follows:
Now therefore, you are requested to ensure compliance of the aforesaid order by deduction of the amount of the penalty as
aforesaid from the salary of the State Public Information Officer concerned and deposit the amount so recovered in the following
head of account:
You are further requested to send a report on action taken in compliance of aforesaid order of the Commission within three months
of the date of this letter.
Date: Registrar
U. P. State Information Commission